- 37 - agreeing to stipulated decisions when they or their counsel were aware of the Government’s misconduct, had rescinded their earlier piggyback agreement. Respondent urged that because petitioners made a “fully formed decision to opt out” of the Dixon litigation, they could not show that their decision to settle was caused by the previously disclosed fraud on the Court. This Court directed petitioners to submit replies to respondent’s objections, and petitioners did so on August 20, 2004. Therein, petitioners maintain that permitting them to reopen their cases and participate in the Thompson settlement would be “the only meaningful part of the sanction” mandated by the Court of Appeals. They also asked for a hearing on their motions in order to highlight alleged intimidation of Kersting project petitioners by respondent’s agents. On February 14, 2005, petitioners filed a supplement to their motions for leave. In the supplement, Messrs. O’Donnell and Jones address respondent’s litigating position following the remand in Dixon V. They ask that respondent’s litigating position be characterized as a proposed settlement that includes both a forgiveness of interest for the 12 years preceding 1992 and a reduction of 62 percent in the deficiencies determined by respondent. They then ask the Court to impose this proposed settlement summarily. Although we gave respondent leave to replyPage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Next
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